Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698928111114.pdf (New Zealand)
2013/178 Crown Prosecution Regulations 2013 Jerry Mateparae, Governor-General Order in Council At Wellington this 20th day of May 2013 Present: His Excellency the Governor-General in Council Pursuant to section 387(1)(a) to (c) of the Criminal Procedure Act 2011, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Contents Title Commencement Interpretation Crown prosecutions Time for assuming responsibility for Crown prosecutions Notice periods when amending, adding, or withdrawing charges Schedule Offences listed for purposes of regulation 4(1)(b) Page 2 2 2 2 3 3 4 1 r 1 Crown Prosecution Regulations 2013 2013/178 1 2 Regulations Title These regulations are the Crown Prosecution Regulations 2013.

Commencement These regulations come into force on 1 July 2013.
3 (1) Interpretation In these regulations, unless the context otherwise requires,— Act means the Criminal Procedure Act 2011 child has the meaning given by section 2(1) of the Children, Young Persons, and Their Families Act 1989 Crown prosecution notice means a notice filed under section 189 of the Act notice period means the period referred to in sections 190(1), 191(1), and 192(1) of the Act young person has the meaning given by section 2(1) of the Children, Young Persons, and Their Families Act 1989.
(2) Unless the context otherwise requires, any term or expression that is defined in the Act and used, but not defined, in these regulations has the meaning given by the Act.
Crown prosecutions The following proceedings are Crown prosecutions for the purposes of subpart 2 of Part 5 of the Act: (a) (b) (c) a proceeding for a category 4 offence: a proceeding for an offence listed in the Schedule: a proceeding for an offence not listed in the Schedule, if the defendant elects to be tried by a jury: a proceeding that is transferred to the High Court if none of paragraphs (a) to (c) apply: any other proceeding, if the Solicitor-General directs that, having regard to the particular features of the pro- ceeding, it is appropriate that it be conducted as a Crown prosecution.
(d) (e) 4 (1) 2 2013/178 Crown Prosecution Regulations 2013 r 6 (2) Despite subclause (1)(a) to (c), a proceeding for an offence in the Youth Court is not a Crown prosecution for the purposes of subpart 2 of Part 5 of the Act unless— (a) a defendant in the proceeding is an adult jointly charged with a child or young person; or the proceeding is transferred to a District Court or the High Court in any other case.
(b) 5 Time for assuming responsibility for Crown prosecutions The Solicitor-General must assume responsibility for proceed- ings that are Crown prosecutions under regulation 4 as fol- lows: (a) for a proceeding referred to in regulation 4(1)(a), from the time the proceeding is adjourned following the de- fendant’s first appearance: for a proceeding referred to in regulation 4(1)(b), from the time that the proceeding is adjourned following the entry of a plea: for a proceeding referred to in regulation 4(1)(c), from the time the proceeding is— (i) (ii) adjourned for trial callover; or transferred to the High Court for sentencing, in any other case: for a proceeding referred to in regulation 4(1)(d), from the time the proceeding is transferred to the High Court: for a proceeding referred to in regulation 4(1)(e), from the time the Solicitor-General’s direction is given: for a proceeding referred to in regulation 4(2)(b), from the time the proceeding is transferred to a District Court or the High Court.
(b) (c) (d) (e) (f) 6 (1) Notice periods when amending, adding, or withdrawing charges The notice period for proceedings referred to in regulation 4(1)(a), (b), (c), (e), and (2)(b) is— (a) the period ending with the date of the case review hear- ing; or 3 Schedule Crown Prosecution Regulations 2013 2013/178 (b) if no case review hearing is to be held after the Solici- tor-General assumes responsibility for the proceeding and— (i) the procedure for trial is the Judge-alone trial pro- cedure, 25 working days from the date that a Crown prosecution notice is filed under section 189 of the Act; or the procedure for trial is the jury trial procedure, the period ending on the date that the prosecutor is required to file the trial callover memorandum.
The court may, on an application by the prosecutor, extend a notice period specified in subclause (1) in the interests of justice.
(ii) (2) Schedule Offences listed for purposes of regulation 4(1)(b) r 4 Any offence that is not a category 4 offence and is punishable by imprisonment for life or by imprisonment for 14 years or more Party to crime other than murder outside New Zealand Accessory after the fact to piracy Participation in organised criminal group Corruption and bribery of law enforcement officer Corruption and bribery of official Corrupt use of official information Use or disclosure of personal breach of section 105A Bribery of foreign public official information disclosed in Bribery outside New Zealand of foreign public official Perjury (but only where that perjury is committed in the con- text of a Crown prosecution or in an appeal to the High Court, Court of Appeal, or Supreme Court) Crimes Act 1961 Various provisions s 69(3) s 97 s 98A s 104 s 105 s 105A s 105B s 105C s 105D ss 108, 109(1) 4 2013/178 Crown Prosecution Regulations 2013 Schedule s 113 s 116 s 117 s 118 s 129(1)* s 129(2) s 130* s 131(1)* s 131(2) s 131B† s 132(2)* s 132(3) s 133‡ s 134(1) s 134(2) s 138(1)* s 138(2) s 140‡ s 142‡ s 144A§ s 144C s 151 s 152 s 153 s 176 s 180 s 181 s 186 s 195 Fabricating evidence (but only where that fabrication is com- mitted in the context of a Crown prosecution or in an appeal to the High Court, Court of Appeal, or Supreme Court) Conspiring to defeat justice (but only where that conspiracy is committed in the context of a Crown prosecution or in an appeal to the High Court, Court of Appeal, or Supreme Court) Corrupting juries and witnesses Assisting escape of prisoners of war or internees Attempted sexual violation Assault with intent to commit sexual violation Incest Sexual connection with dependent family member under 18 Attempted sexual connection with dependent family mem- ber under 18 Meeting young person following sexual grooming, etc Attempted sexual connection with child under 12 Indecent act on child under 12 Indecency with girl under 12 Sexual connection with young person under 16
 Attempted sexual connection with young person under 16 Exploitative sexual connection with person with significant impairment Attempted exploitative sexual connection with person with significant impairment Indecency with boy under 12 Anal intercourse Sexual conduct with children and young people outside New Zealand Organising or promoting child sex tours Duty to provide the necessaries of life Duty of parent or guardian to provide necessaries Duty of employers to provide necessaries Accessory after the fact to murder Suicide pact Concealing dead body of child Supplying means of procuring abortion Cruelty to a child 5 Schedule Crown Prosecution Regulations 2013 2013/178 s 195 s 195A s 198A(2) s 204A s 204B s 231 s 242 s 250(1) s 260 s 268 s 298A s 298B s 307A s 310 s 311 s 312 Ill-treatment or neglect of child or vulnerable adult (where the offence entails an omission that gives rise to complex causation issues or results in grievous bodily harm) Failure to protect child or vulnerable adult Using firearm with intent to resist lawful arrest or detention Female genital mutilation Further offences relating to female genital mutilation Burglary (where the offending constitutes serious or repeti- tive criminal activity) False statement by promoter, etc Damaging or interfering with computer system endangering life False accounting Attempted arson (where the completed offence would fall within section 267(1)) Causing disease or sickness in animals Contaminating food, crops, water, or other products Threats of harm to people or property Conspiring to commit an offence (where the offence is listed in this schedule) Attempting to commit or procure the commission of an of- fence (where the offence is listed in this schedule) Accessory after the fact to a crime (where the crime is listed as an offence in this schedule) The following offences, if the offending involves a complex transaction: Theft or stealing (where, in combination with any other charges being heard together in
 the proceeding, the value of the property stolen is more than $1,000) Theft by person in special relationship Dishonestly taking or using document Criminal breach of trust Taking, obtaining, or copying trade secrets Obtaining by deception or causing loss by deception (where, in combination with any other charges being heard together in the proceeding, loss caused or value obtained or sought to be obtained exceeds $1,000) Money laundering Forgery (making false document with intention to obtain value) Using forged documents ss 219, 223(b) (c), or (d) ss 220, 223(a) s 228 s 229 s 230 ss 240, 241 s 243 s 256(1) s 257 6 2013/178 Crown Prosecution Regulations 2013 Schedule s 258 s 259 Altering, concealing, destroying, or reproducing documents with intent to deceive Using altered or reproduced document with intent to deceive Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 s 6 Threats against premises or vehicles Land Transport Act 1998 s 36AA s 36A s 61 Reckless or dangerous driving causing death Unauthorised street or drag racing causing death Driving under the influence of alcohol or a drug causing death Misuse of Drugs Act 1975 s 6(1)(b) or (2A) s 6(1) or (2A) s 6(1) or (2A) s 6(1) or (2A) (c) (b) Production or manufacture of, or conspiracy to produce or manufacture, methamphetamine Dealing or conspiring to deal in a Class A controlled drug (except production or manufacture of, or conspiracy to pro- duce or manufacture, methamphetamine) if— (a) the quantity of drugs is more than 5 times the quan- tity of the presumption threshold, including in com- bination with any other charges being heard together in the proceeding; or there is evidence of large-scale dealing beyond the actual quantity seized; or there is substantial evidence derived from a surveil- lance device involving audio interception Dealing or conspiring to deal in a Class B controlled drug if— (a) the quantity of drugs is more than 10 times the quan-
 tity of the presumption threshold, including in com- bination with any other charges being heard together in the proceeding; or there is evidence of large-scale dealing beyond the actual quantity seized; or there is substantial evidence derived from a surveil- lance device involving audio interception Dealing or conspiring to deal in a Class C controlled drug where there is— (a) (b) evidence of large-scale commercial dealing; or substantial evidence derived from a surveillance de- vice involving audio interception (b) (c) 7 Schedule Crown Prosecution Regulations 2013 2013/178 s 9 s 10 s 12C Cultivation of (or conspiring to cultivate) a Class C controlled drug where there is— (a) (b) evidence of large-scale commercial cultivation; or substantial evidence derived from a surveillance de- vice involving audio interception Aiding offences against corresponding law of another country Commission of offences outside New Zealand Prostitution Reform Act 2003 s 16 Inducing or compelling persons to provide commercial sexual service or earnings from prostitution Secret Commissions Act 1910 All offences under the Act Terrorism Suppression Act 2002 Any offence that is not a category 4 offence Fraud Any offence prosecuted by the Serious Fraud Office *Including as it read before 20 May 2005 †Including as it read before 19 March 2012 ‡As it read before 20 May 2005 §Including as it read before 14 June 2006 As it read before 19 March 2012 Rebecca Kitteridge, Clerk of the Executive Council.
8 2013/178 Crown Prosecution Regulations 2013 Explanatory note Explanatory note This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which are made under section 387(1)(a) to (c) of the Criminal Procedure Act 2011 (the Act), come into force on 1 July 2013.

Regulation 3 relates to interpretation.

Regulation 4 provides that certain proceedings are Crown prosecu- tions for the purposes of the Act.
The Solicitor-General must assume responsibility for and conduct every Crown prosecution.

Regulation 5 prescribes the time or stage at which the Solicitor-Gen- eral must assume responsibility for Crown prosecutions.

Regulation 6 prescribes, for proceedings referred to in regulation 4(1)(a), (b), (c), (e), and (2)(b), the periods within which the So- licitor-General or a Crown prosecutor may file a notice to amend any charge, to add a new charge, or to withdraw a charge.
No notice period is prescribed for a proceeding referred to in regulation 4(1)(d).

The Schedule sets out offences listed for the purposes of regulation 4(1)(b).

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 23 May 2013.

These regulations are administered by the Crown Law Office.

12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2013 9